BIDU ALIAS BIDYADHAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction passed by the learned Sessions Judge, Keonjhar convicting the present appellant under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life in S.T. No. 13 of 1998.

(2.) The prosecution case, in short, is that on 18.08.1997 the deceased Budhia Dehury had been to Keonjhar town to sell fire wood, but he did not return. Subsequently his dead body was found on the river bed of Machhakandana near village Bhaliadihi. The fact was reported at Keonjhar Sadar P.S. for which U.D. Case No. 11 of 1997 was registered and enquiry was conducted by the A.S.I. of Police. During enquiry it was noticed that some incised wounds were found on the face, chest and shoulder of the deceased. On getting P.M. examination report the A.S.I. lodged the report before the O.I.C. of Keonjhar Sadar P.S. which has been treated as F.I.R. (Ext. 10), who conducted investigation, seized the weapon of offence, arrested the accused and ultimately after completion of investigation charge sheet was submitted against the appellant under Section 302 of the Indian Penal Code.

(3.) The plea of the accused-appellant is complete denial of the allegation. In order to prove its case, the prosecution has examined as many as 13 witnesses including the Doctor and the I.O. and exhibited 14 documents and no evidence has been adduced on behalf of the defense.